Birth Injury Settlement

A settlement for birth injuries (navigate here) can pay for long-term treatments that will allow your child to live a better life. These treatments can include medications, home modifications and equipment like wheelchairs.

Many families settle their claims because medical malpractice lawsuits are not common. The amount of settlement depends on several factors.

Damages

A birth injury can impact all aspects of a child's life, including the quality of living. Some patients may require medication to manage their symptoms, birth injuries while others could require home modifications or medical devices like wheelchairs. Parents may also have to quit their jobs to care for their children, which could result in a loss of income. A lawyer will calculate a patient's estimated lifetime treatment costs and seek enough compensation to cover the costs.

The amount of a settlement is contingent on the severity and duration of the injury. For instance, a patient with cerebral palsy is likely suffer a higher life-time medical cost than a patient suffering from Erb's Palsy or shoulder dystocia which are less serious injuries. In addition, some states place limitations on the amount of non-economic damages that can be awarded for suffering and pain and this could decrease the value of a settlement.

When a lawsuit is filed, lawyers on both sides create evidence and collect information from witnesses to prove their assertions of negligence. Both sides will eventually meet to discuss possible solutions in settlement negotiations. If negotiations fail and the case is unable to be resolved, it can be taken to trial where a judge and jury will hear arguments before deciding a verdict. However, trials are typically more costly and time-consuming than settlements. It is best to settle your case as soon as possible.

Expert Witnesses

Expert witnesses can be a valuable asset in supporting an action for damages. They be a vital part in the process of proving causation, which is essential to any medical malpractice claim. It can be difficult for juries to determine whether your child's injuries are the result of the defendant doctor's infraction to accepted professional practices without expert testimony.

Your attorney will have to establish a link between negligence and the injuries sustained by your child in order to prove causality. This can be done using many different methods such as medical records and expert testimony. Your lawyer can help you find the best experts to testify in your case.

Your legal team will identify each defendant in the event of birth injury to your child. This could include obstetricians maternal-fetal medicine specialists nurses during labor and delivery, and other healthcare professionals. Then, they'll need to determine the standard of care that is usually defined by medical knowledge. This will require a thorough review of the medical records of your child which can be a bit complicated.

Your attorney will also have to determine your child's future care needs. This can be difficult, because it involves estimating the costs for therapies and equipment, in-home caregivers, additional procedures and surgeries and many more. Your lawyer will collaborate with expert witnesses who can help you calculate these future expenses.

Statute of Limitations

A birth injury case requires careful investigation and the use of medical experts. It is crucial to choose a lawyer with an extensive knowledge of the subject matter and who knows how to create an effective case.

The first step is to establish that the defendant violated his duty of care. This requires reviewing medical records and taking depositions of the physicians involved. An attorney will also engage medical experts to give an opinion on whether the doctors acted in a proper manner under the circumstances.

Medical negligence is the inability to meet a standard of care and knowledge. This standard applies to healthcare providers and doctors. professionals, but it is particularly rigorous for specialists like obsetricians, who have a vast education and specialized expertise. A legal claim must also establish the causation. This means that the medical error directly caused the injury to the child.

New York law gives parents two years to file a malpractice lawsuit on behalf of their child who has been injured. However, minors are not legally able to file a lawsuit themselves under CPLR Sec. 1207.1. They must have a record for them by an adult or guardian. Medical malpractice claims must also conform to the statutory limits on damages, which includes non-economic damages. This limit is typically set by the court, birth injuries and is often based upon the number of similar claims in the state.

Getting Started

Recognizing and obtaining compensation for injuries sustained by a child caused by medical malpractice or negligence during birth requires the help of an experienced attorney. The right legal team will know how to evaluate the various factors that impact a birth injuries settlement and how to argue these in court so that you receive the highest financial award.

The process begins with a free consultation with your lawyer to establish an attorney-client relationship. Once that happens, your lawyer will investigate the case, including reviewing medical records and calling expert witnesses to determine the accepted standards of care for the specific procedure.

Your lawyer will also negotiate and push insurance companies of the defendants to agree on a fair amount for damages. If this fails the lawyer will file a lawsuit against the medical practitioners to bring the case before a jury and judge.

When a ruling is reached Your lawyer will draft the legal documents that will be used to calculate the amount of damages you and your child deserve. This will include the projected costs of any future medical treatment and loss of income and other economic damages. Your lawyer can also estimate the costs over the life of your child's care for your child's injuries, which is called life-care planning. This is usually a significant portion of the settlement.